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divination

There have been, generally speaking, two primary reasons why fortune telling and other divinatory services are banned in a town or city. The first reason is to address concerns about fraud, about individuals running cons to bilk the gullible out of their money. The second reason is about religion, specifically in America, the Christian prohibition against (some forms of) divination. Often these two threads will conjoin, sometimes inflamed by prejudices against minorities who have engaged in divination to make money (the Roma, for example). In our modern era, these laws have been increasingly challenged by those who believe it limits free speech, or the free exercise of religious beliefs.

“I do not see any need for such regulation. If people are using the guise of divination to defraud or steal from people I would think current laws cover that. It’s not divination that is a problem it’s con artists. If con artists pretend to be doctors in order to trick people out of large sums of money, should we be fingerprinting doctors? Con artists who pretend to be diviners are just the same.”

“For decades, the town of Front Royal has had a code listed among its ordinances that bans fortunetelling and the practice of magic arts. Understandably, the ban’s legality and use of offensive terms like “gypsies” has come under fire. More than 50 supporters and opponents showed up at a hearing last week to voice their concerns, after a local tarot card reader was allegedly asked to stop practicing her craft because it violates city code. The town council voted to remove the section of the code that prohibits fortunetelling and the use of offensive terms, but a second reading of the motion will be heard at their next meeting.”

“Foes of repealing a ban on fortunetellers in Front Royal recently attacked a nonprofit group and claimed it supported pagans. The executive director of the Center for Workforce Development ended her silence this week by responding to the accusations, including one claiming the organization recruits youths into the lesbian, gay, bisexual and transgender community through witchcraft. Arlene Ballou called the actions by a few people who recently spoke at a Town Council meeting in favor of keeping the ban on fortunetellers “disgraceful” and accused them and others of spreading misinformation about her organization. Ballou said she hopes to get a chance to speak to Town Council soon about the issue.”

“This law had no influence or bearing on the Marketplace incident. However she decided to use the code, or the removal of the code, as a rallying point to begin the conversation. She wants this effort ‘to be a catalyst that gets [the local community] talking about religious discrimination.’ When she informed friends about her discovery and mission, Maya received immediate support both in person and on Social Media. She says ‘Within seconds of posting on Facebook I had a tremendous’ response from people across the country.”

“Addressing council as the last of 18 public hearing speakers, ordained Pagan Reverend Kelyla Spicer found herself being shouted down after giving her Middletown home address. Before she could continue someone in the crowd rose and yelled ‘Is this necessary?!?’ challenging Spicer’s right to speak […] Spicer disputed allegations by some that allowing [P]agan practitioners to operate legally in Front Royal would lead to general social descent into criminality and otherwise ‘un-Godly’ behavior, including the recruitment of children into a life of homosexuality.”

“Do you want it to be your legacy that you are the ones who opened the door in this community to make Front Royal a haven for witchcraft, fortunetelling and other pagan practices? […] I guarantee you that no American family, religious or not, will want to raise their children next to a shop that sells fortunetelling, tarot cards, witchcraft and so forth.”

Cognizant that defining the borders between the personal and philosophical on one side, and the religious on the other “present[s] a most delicate question,” id. at 215, we conclude that Moore-King’s beliefs more closely resemble personal and philosophical choices consistent with a way of life, not deep religious convictions shared by an organized group deserving of constitutional solicitude. Yoder teaches that Moore-King must offer some organizing principle or authority other than herself that prescribes her religious convictions, as to allow otherwise would threaten “the very concept of ordered liberty.” Yet Moore-King forswears such a view when she declares that instead of following any particular religion or organized recognized faith, she “pretty much goes with [her] inner flow, and that seems to work best.”

For the foreseeable future (no pun intended), barring intervention from the Supreme Court in the United States, we’re most likely going to continue on the course we’ve been on. A mixture of unenforceable bans, a web of different (and sometimes arbitrary) regulations depending on where you live, and an undercurrent of fear of beliefs and practices considered outside of a certain norm. The ban of fortune telling in Front Royal will be removed, and no doubt some licensing procedure enacted, as it has been in other towns, but what’s important here is what we’ve learned about why some of these laws persist. That in places like Front Royal it isn’t about fraud, or con-artists, it’s about control. Control not only over what kind of businesses can exist, but control over what kind of belief systems can exist.

Be sure to check out the previous installments in our coverage of this repeal effort:

“Afro-Cuban priests warned Thursday that the new year may be marked by outbreaks of disease, environmental disruption, familial disorder and conflict between people and nations that risks spilling into war. In the annual “Letter of the Year,” a commission of “babalawos,” or Santeria priests, also predicted that 2014 could see the death of important global political or religious leaders, and elderly people in general. They did not, however, name any names.”

For the first time in memory, New Year’s predictions issued by three groups of Cuban Santeria priests — two in Havana and one in Miami — have agreed: The communist-ruled island faces an “optimistic” year. Now the babalawos are trying to figure out exactly what the prediction, or “letter,” means. […] “There is no precedent for the three being identical,” said Ernesto Pichardo, head of the Lukumi Babalu Aye Church in Hialeah and part of the group that issued the Miami “letter.” “Now the question is what road to follow … More precision is needed.”

“In the religion of Santeria (La Regla Lucumi) the New Year begins with a divination. Many Santeria houses (spiritual centers) perform their own divination. Special note however is paid to the readings done by the larger spiritual houses. These readings give predictions, prohibition, and insight into the coming year. Devotees use these predictions as guidelines for the coming year. It is a very good idea to follow the rules dictated by your spiritual home. I have several cautionary tales about how someone didn’t follow a food prohibition and then got ill, or didn’t follow a sex tabu and then got an STD. There are a few things to remember when reading this information. First, follow the instructions of your own ile, and your godparents first and foremost. Secondly, if you are not initiated into the religion this information is provided for informational purposes only. Fortunately or unfortunately Santeria is not a home study religion, and it can not be self taught, everyone is different and needs the individual guidance and support that come from belonging to a spiritual family.”

“Cuban followers of the Santeria faith beat sacred drums, sacrificed animals and sang ceremonial songs in the Yoruba tongue Monday to give thanks for the year’s blessings and ask for prosperity in 2014. About 200 believers and onlookers thronged Havana’s most important market, Cuatro Caminos, for the ceremony dedicated to Eshu-Elegbara, the deity associated with markets and commerce, and also protector of the universe. “This year was good, it was prosperous,” said Victor Betancourt, a “babalawo,” or Santeria priest.”

“Carol Mayer, a self-described “undercover psychic” at Benicia’s Angel Heart 4 You, 501 First St., (707) 745-2024 also sees improvement on the horizon. “Twenty thirteen was a very difficult year for everybody, so I guarantee 2014 will be a better year for everybody; a really wonderful year for all of us,” said Mayer, who said this prediction comes also from observations as a local business owner.”

Have you done divination or oracular work for 2014? Just have a strong hunch about the months to come? What are your predictions and advice for the coming year? Feel free to share them in the comments, and welcome to 2014!

“She cannot possibly be 100 percent correct in each and every one of her predictions. She has, during a career of over 50 years, helped literally tens of thousands of people.”

However, it’s one thing to be wrong about a new job, or if you’ll find true love this year, it’s another thing entirely to destroy (or lift up) the hopes of desperate parents. Louwanna Miller died of a heart attack in 2007, those who knew her said she was never the same after Browne’s prediction. She died never knowing the truth of what happened to Amanda. With this latest callous prediction proved wrong Greg Taylor at The Daily Grail lashed out at Browne, joining those who say the psychic must be stopped.

“I’m not an easy person to anger, but this list of cases gets my blood boiling, and here’s why: the incorrect calls I could live with, if it was offered privately just as a “I’ve got a feeling, but I could well be wrong”. But to go on TV, and tell these people outright the fate of their children in public – sometimes even rebuking them when they throw doubt on what you’re saying – is just wrong on so many levels. Perhaps some readers of this blog are Browne fans; I can’t apologise for my opinion. If there’s one skill I have, it’s being able to pick a person’s character very quickly, and Browne has always sent a shiver up my spine (for all the wrong reasons). The growing list of cases where she hurt families with misinformation only confirms my gut feeling.”

“I was insulated from most of them by family and police, but there had to be at least a dozen I personally dealt with. They hope you’ll pay them and they hope they’ll get really, really lucky and make a guess so close to the truth, they can say they solved it.”

So with the near-miraculous return of these three women, we should ask the question of what divination, mediumship, and other predictive arts are for. How should we use them? In our interconnected communities divination is everywhere, as are psychic predictions and other intuitive arts. Should we be having a larger conversation about incidents like this? What moral responsibility do we have if we tell someone something that turns out to be horribly wrong? What do we do if our predictions actually turn out to hurt people instead of help them? Do we simply hold out examples of correct predictions as if they somehow balance the incorrect ones?

Assuming for a moment that Browne is sincere in her beliefs, and not an elaborate con artist, what kind of individual potentially gives thousands of bad predictions with little to no remorse? Were I in Browne’s position I would feel endlessly tormented over the people my predictions have hurt. I think incidents like this should call us collectively to examine how we practice, and in what contexts do we feel comfortable handing out predictions. I have no doubt that most Pagans engaging in psychic work are sincere, which calls me to ask how responsible they feel they are regarding life-or-death predictions, and what recourse do they engage in should a prediction turn tragic? Rather than become defensive, and work to distance ourselves from the hucksterisms of Browne, I think this is a call to introspection. How do we prevent ourselves from becoming the things that Browne now embodies to an outraged public?

“As the government complies with the professional speech doctrine by enacting and implementing a generally applicable regulatory regime, the fact that such a scheme may vary from profession to profession recedes in constitutional significance. Just as the internal requirements of a profession may differ, so may the government’s regulatory response based on the nature of the activity and the need to protect the public. See Post, supra at 134 n.83 (“The shape and form of constitutional protections extended to professional speech will depend upon the precise constitutional values at stake.”). With respect to an occupation such as fortune telling where no accrediting institution like a board of law examiners or medical practitioners exists, a legislature may reasonably determine that additional regulatory requirements are necessary.”

“If, as the County contended at oral argument, all predictive speech were inherently deceptive, most religious prophesy, financial prognostication, and medical diagnosis would fall outside the scope of constitutional protection. Cf. Nefedro, 996 A.2d at 858 (noting that lawyers and journalists may also make statements that turn out not to be true). The reality that much professional intercourse depends on predictions about what the future may bring suggests that categorical branding of fortune telling as unworthy of First Amendment protection for that same reason is untenable.”

This seems like very murky territory, Constitutionally speaking, and from my reading justices were aware that their decision could influence local regulations far outside Chesterfield County, Virginia. In short, they are saying that while divination can be protected speech, local governments can, in fact, tell psychics where they can set up shop, and charge special taxes to regulate them. This is unfortunate, because places like Chesterfield use their regulations to create subcultural “red light districts” part of a growing trend to reported on by news organizations like Time Magazine and the BBC.

Tarot cards.

“But in an increasing number of areas, officials are seeking to crack down on fraud and gain control of a growing industry. As of this month, every fortune-teller in the city of Warren, Michigan must have a licence to operate. To get this they must undergo a police background check, have their fingerprints taken and pay an annual fee of $160. […] Measures introduced include police interviews, background checks, registration fees, the random inspections of premises and a cap on the number of fortune tellers allowed to operate in a given geographical area.”

Cognizant that defining the borders between the personal and philosophical on one side, and the religious on the other “present[s] a most delicate question,” id. at 215, we conclude that Moore-King’s beliefs more closely resemble personal and philosophical choices consistent with a way of life, not deep religious convictions shared by an organized group deserving of constitutional solicitude. Yoder teaches that Moore-King must offer some organizing principle or authority other than herself that prescribes her religious convictions, as to allow otherwise would threaten “the very concept of ordered liberty.” Yet Moore-King forswears such a view when she declares that instead of following any particular religion or organized recognized faith, she “pretty much goes with [her] inner flow, and that seems to work best.”

So, for instance, a follower of Kemetic Orthodoxy who provided divination to clients from within that tradition’s belief system may be exempt. Likewise, followers of Vodou or Santeria who are operating within a explicitly religious milieu could also challenge regulations telling them where to set up a church or temple that also provided divination services to the public. For those not invested within an established and recognized religious model, the judges suggest that a national accreditation board that oversees the ethical behavior of its membership could protect a psychic reader from “additional regulatory requirements.”

With respect to an occupation such as fortune telling where no accrediting institution like a board of law examiners or medical practitioners exists, a legislature may reasonably determine that additional regulatory requirements are necessary.”

Such a board would, of course, have to then challenge local regulations, arguing that they place unnecessary regulations and limitations on their profession (because they self-regulate). So an uphill climb, to be sure, especially considering the rather independent nature of many psychic practitioners.

For those of us who practice religions that incorporate divination, and sometimes selling divination services to individuals outside our faith traditions, we need to pay attention to decisions like this one. Local town and country governments may well see Chesterfield as a model for how to regulate psychics, and so we need to understand what the limitations, and opportunities to challenge those limitations, are. This is probably the end of “Psychic Sophie’s” legal journey on the matter, but I doubt it will be the last case to challenge zoning and regulatory ordinances regarding predictive services.

Internet auction house eBay recently released their Fall 2012 Seller Update, which, starting in September, prohibits the sale of divination services (including tarot readings), spells, tutoring services, and potions. The reason for this move, according to eBay, is to “build confidence in the marketplace for both buyers and sellers.”

“Transactions in these categories often result in issues between the buyer and seller that are difficult to resolve. To help build confidence in the marketplace for both buyers and sellers, eBay is discontinuing these categories and including the items on the list of prohibited items.”

In short, if you’re dissatisfied with the spell to give you a big butt, it’s hard to quantify if the “product” had been delivered, and what the proper expectations on booty enhancement magic is. Because of the (usually inadvertently) comical nature of many of the spells being sold on eBay, long a source of easy snark on the Internet, sites like Mashable, The Mary Sue, Jezebel, and even mainstream news outlets, have been having a bit of fun with the news.

“In its 2012 Fall Seller Update, the online marketplace said it was banning all sales of supernatural goods and services, exiling its witchy and wizardly clientele to the wilds of Craigslist and other Web-based Diagon Alleys.”

“It’s important to note that items that have a tangible value for the item itself and may also be used in metaphysical rites and practices (ie jewelry, crystals, incense, candles, and books) are allowed in most cases.”

Which means most of the products in the Wicca and Paganism section of eBay are safe, at least for now. A comfort, no doubt, to the many Pagan vendors and shop-owners who supplement their income by placing items on the site. However, the banning of spellwork, and especially tarot readings, should be explored with greater depth. Pagans in the community seems somewhat split over this move by eBay, some, like Patti Wigington, About.com’s Paganism & Wicca Guide, see this as a smart move by the company.

“…this isn’t a case of religious discrimination at all – it’s a case of a business realizing that customers are being made victims of fraud by unscrupulous sellers – and putting practices in place to prevent the problem from continuing. It does not say “No Wiccans, No Pagans, No Druids.” It says no magic, spells or potions, or prayers — that’s an entirely separate thing. Personally, I’m a little sad Ebay has done this, because it means fewer things for me to make fun of, but it’s definitely a smart business decision.”

“I admit I’m a bit torn on the subject. While I see the possible beginning of the end for sellers on sites like this, I won’t be sad to see the sham “spell casters” go, and the end of taking advantage of desperate people with promises of something that can’t possibly be delivered. As I sell products of a magical variety, I definitely don’t want to lose my Etsy shop.”

As a private business, eBay, and other online retailers are free to limit what product and services they’ll allow. That said, it is troubling that managing complaints and fraud resulted in a total ban of selling divination and magical work. Recent courtroom decisions have leaned towards defining divination, tarot readings, and other psychic services as protected speech, which could have actually helped push eBay away from trying to simply regulate it on their site. After all, who wants to be the ultimate arbiter of what sorts of speech are acceptable, and which kinds are not? Being in the business of selling speech and expression will always be volatile, and it looks like eBay wanted out, the question now is what the ramifications of this move will be for Internet commerce.

Believers around the world have furthered the theory, which stems from a stone tablet discovered in the 1960s at the archaeological site of Tortuguero in the Gulf of Mexico state of Tabasco that describes the return of a Mayan god on that date, similar to the story of Judgment Day. But Cuba’s priests say that “what needs to die is not the world itself, but rather the ways in which the world has lived until now: confrontations, wars, misery and discrimination,” said Lazaro Cuesta, one of the island’s leading Santeria priests, or babalawo. “For us, an old world must end so that a new world is born …. It is not a physical end.”

“ABC’s “Nightline” is creeping into prime time this summer — or maybe it’s just getting creepy. The late-night show begins a summertime series at 10 p.m. EDT Wednesday, covering topics such as satanic possession, religious miracles, psychics and out-of-body experiences. […] Following the Anthony hour, “Nightline” will begin a five-part series titled, “Beyond Belief,” an exploration of topics that defy easy scientific explanation. Bill Weir travels the world to investigate episodes where people claim to have seen and communicated with the Virgin Mary, while Terry Moran looks at a belief that satanic will or demonic possession can cause people to commit acts of evil.”

Very likely a mixture of the three reasons above helps produce all this coverage. The simple truth is that we as a society have always searched for answers to questions that seem impossible to predict by mundane means (the harder the times, the further we seek). Psychics have been handing out stock tips since there was a market, and so long as people are listening, reporters will be right behind them to see if their mojo actually pans out. For modern Pagans who engage in divination, or even make their money performing psychic services, we should keep an eye on this coverage. How these topics are approached and treated can tell us a lot about how the religions who engage in these practices are likely to be received as well. As for the skeptics? It’s Summertime! File it away with bigfoot, and head to the beach (or watch the new season of True Blood), everyone knows that nothing serious happens until September (at least as far as television programming is concerned). Besides, mockery and scorn bounce off this stuff like bullets off Superman, save your ammunition for certain politicians or climate science denial.

“My husband, John Cutliffe is an employee of Fry’s Electronics in Duluth Georgia. They are celebrating their 25th anniversary this week and as part of the celebration they’ve hired a variety of entertainers. On the list of approved entertainers was “tarot reader”. John saw this a few weeks back and mentioned to management that his wife is a professional tarot reader. They wanted me so the details were worked out and I was contracted to be there yesterday afternoon for three hours.

I arrived more than an hour before I had agreed to start and began to set up. There was a bit of discussion about whether I would be outside or inside. I explained that because it was breezy and threatening to rain I did not want to read outdoors. We compromised and found a shady, sheltered spot near the front door. As soon as I started my first reading there was a sudden bit of activity and anxious looks between my husband and the organizers.

When I’d finished the reading my husband came over and explained that someone had called corporate and complained about Fry’s hiring a tarot reader. It seems they were offended based on their religious beliefs. I was asked to move out to the edge of the parking lot or alternately to leave without pay. We countered with an offer to move inside to a quiet video conference area away from traffic and that was refused. Assistant store manager Adam Hale told my husband in no uncertain terms that if I did not move to the parking lot I would not be paid.

Other members of staff did the best they could to handle an unpleasant situation, however Mr. Hale was rude and inconsiderate. Fry’s could easily have explained to the complainers that I was hired as an entertainer and was harmless and easily avoided. Instead they chose to persecute a person who was there in a professional capacity to do a contract job based on the complaints of a few religious bigots.”

“Please do consider letting Fry’s know that caving to a vocal minority was a bad idea. I am not evil, nor is the practice of reading cards likely to mean that I am in league with the devil. Don’t let them think that everyone in this area is afraid of harmless entertainment and a potentially thought provoking practice. In this competitive market a company cannot afford to make a mistake like Mr. Adam Hale did today by reacting to pressure from some nasty, fearful people.”

The big problem here, aside from the rude and inconsiderate manager, is the false assumption that tarot-reading can be treated as just another parlor game, with readers hired out for parties like clowns and jugglers. Tarot readers can be, and are, hired out for events, but usually the party-thrower makes sure they won’t run afoul of religious sensibilities in the process. The fact that Fry’s got complaints isn’t the fault of Lupa Cutliffe, and if they misjudged their clientèle, they should have handled the matter with professionalism, instead of trying to treat her like a pariah. So let’s treat this as an object lesson in how not to engage the services of a tarot reader, and hope that other businesses are taking note.